Victorian Current Acts Victorian Current ActsS. 320(1) amended by No. 61/2014 s. 59(1).
(1) An application for a permanent care order may be made by the Secretary in relation to a person who is, or persons who are, approved by the Secretary as suitable to have parental responsibility for the child.
S. 320(1A) inserted by No. 61/2014 s. 59(2).
(1A) The Secretary must not approve a person as suitable to have parental responsibility for a child under a permanent care order unless the Secretary is satisfied that the person will comply with the condition to be included in the permanent care order under section 321(1)(ca).
S. 320(2) amended by No. 61/2014 s. 59(3).
(2) With the leave of the Court, the person or persons named in the application as suitable to have parental responsibility for the child may appear, and be legally represented at, the hearing of the application and may call and examine or cross-examine witnesses and make submissions.
(3) The person or persons referred to in subsection (2) must be taken to be a party to a proceeding in the Court for the purposes of section 522, 523, 526 or 527.
(4) The Secretary must cause notice of the application to be served on—
(a) the child who is the subject of the application; and
(b) the parent of the child; and
S. 320(4)(c) amended by No. 61/2014 s. 59(3).
(c) the person or persons named in the application as suitable to have parental responsibility for the child; and
(d) such other persons as the Court directs.
(5) A notice under subsection (4) must—
S. 320(5)(a) amended by No. 26/2023 s. 45.
(a) be issued out of the Court; and
(b) set out the grounds on which the applicant has made the application; and
(c) be served on a person—
S. 320(5)(c)(i) amended by No. 11/2021 s. 33.
(i) by posting, not less than 14 days before the hearing date stated in the notice, a copy of the notice addressed to the person at the last known place of residence or business of the person; or
S. 320(5)(c)(ii) amended by No. 11/2021 s. 33.
(ii) by delivering, not less than 5 days before the hearing date stated in the notice, a copy of the notice to the person; or
S. 320(5)(c)(iii) amended by No. 11/2021 s. 33.
(iii) by leaving, not less than 5 days before the hearing date stated in the notice, a copy of the notice for the person at the last known place of residence or business of the person with a person who apparently resides or works there and who apparently is not less than 16 years of age.
S. 320(6) inserted by No. 8/2016 s. 12.
(6) A protection order applying to a child at the date of an application for a permanent care order in relation to the child continues in force until the application is determined.
S. 320(7) inserted by No. 8/2016 s. 12.
(7) If the Court decides not to make a permanent care order, it may, if satisfied that the grounds for the finding under section 274 still exist, make—
(a) an order requiring a person to give an undertaking under this Part; or
(b) a family preservation order in
respect
of the child; or
(c) a family reunification order in respect of the child; or
(d) a care by Secretary order in respect of the child; or
(e) a long-term care order in respect of the child; or
(f) an order extending a protection order that is in force in respect of the child.